Second Time Around

A second disbarment has been imposed by the Law Society of British Columbia Hearing Panel for an attorney whose career ended due to a sports gambling with entrusted funds problem.

  The Respondent was called to the bar in 1993.  Between 1993 and 2013, he practised as a family law lawyer with various small law firms in the Lower Mainland.  After 2013 he was a sole practitioner.  The Respondent’s membership with the Law Society ended on January 1, 2017 when he became a former member due to non-payment of fees.

The Respondent admits that he misappropriated trust funds belonging to several clients between 2013 and 2017.  During that time, the Respondent had a gambling problem, which involved betting on sporting events.  He had struggled with a gambling problem throughout his career.  His behaviour escalated in the later years of his practice.  He accumulated gambling debts that he could not pay from his personal resources.  He began withdrawing money from his trust accounts in order to meet the debts arising from his gambling losses.

Double D 

The fact that the Respondent has already been disbarred does not preclude a further order of disbarment.  Section 1(1) of the Legal Profession Act defines “disbar” as to declare that a lawyer or “former lawyer” is unsuitable to practise law and to terminate the lawyer’s membership in the society.  In Law Society of BC v. De Stefanis, 2018 LSBC 16 (CanLII), a lawyer was ordered disbarred for a second time.  Further, a second order of disbarment would be relevant if the Respondent were to apply in the future for reinstatement to the Law Society. 

The Respondent has co-operated with the Law Society investigation and has expressed remorse for his conduct through his admission of responsibility and his submissions to this Hearing Panel.  However, the seriousness of his misconduct does not permit any result other than disbarment.